Legal Opinion
In re Clark
United States Bankruptcy Court, N.D. Oklahoma
Decided June 21, 2016No. Case No. 15-11133-MPublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION
TERRENCE L. MICHAEL, CHIEF JUDGE, UNITED STATES BANKRUPTCY COURT
This case presents the narrow question of whether a Chapter 13 trustee can file an objection to an unsecured claim after confirmation of a Chapter 13 plan. The creditor says no, arguing that once the plan is confirmed, all claim issues are precluded by the order of confirmation. The Chapter 13 trustee disagrees, arguing that neither the Bankruptcy Code nor the Bankruptcy Rules contain a deadline for objecting to unsecured claims and that an order of confirmation is not a guarantee of claim allowance. The parties…
2Cases cited15 opinions
- Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
- Brown v. FelsenSupreme Court of the United States · 1979
- United Student Aid Funds, Inc. v. EspinosaSupreme Court of the United States · 2010
- Nwosun v. General Mills Restaurants, Inc.Court of Appeals for the Tenth Circuit · 1997
- Andersen v. UNIPAC-NEBHELP (In Re Andersen)Court of Appeals for the Tenth Circuit · 1999
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3Cited by1 opinion
- In re HaskinsUnited States Bankruptcy Court, W.D. Virginia · 2017